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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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Wilfred17

Tradepro card assigned to Hoist Holdings and Robinson Way

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Hello I signed up, many years ago, for a tradepro account/ credit card. I was approached in the street and signed a credit agreement in March 2006. The amount i spent on this card was approximately £2800. I made payments and then unfortunately lost my job.

 

This is when the fun began. I tried to be reasonable with this company and they eventually took me to court in 2010. I stupidly didn't attend although i did try to defend by letter and judgement was granted. They then proceeded to place a charging order/ restriction on my house.

 

They then passed the debt on to Marstons debt collectors - who added charges, costs, visits to this debt and it totalled approx £6000 in the end. They threatened to take my car, frightened the kids to death . I managed to get tradepro to call them off and the last letter i had from them was in june 2011, a statement of account saying i owed £4100.

 

I have not had any contact since and have been too scared to do anything other than worry about the charging order and then all of a sudden i get a letter of assignment from Hoist Portfolio and a debt collection letter from Robinson Way asking for payment. Im not sure where to go from here.

 

Please could i have some much needed advice?? Thankyou in advance.

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so the debt has been sold to a no powers DCA.

 

is this mortgage solely in your name or is the property joint?

if it joint it should have been a restriction not a CO.

 

you don't have to pay anything

they have the CO, and it will be settled when/if the property is ever sold.

though if your sols is cute is can be ignored sometimes

 

it surprises me they've sold it

as that usually points to it being somewhat sceptical on its actual value.

 

dx


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In a rush so have to be quick!

 

Check your credit files first and see if this is on there, or marked as a CCJ.

 

You can also check Trust Online, costs about £4 I think, to see if you have any CCJ's registered against you.

 

DO NOT contact robbersway or HPH at all, just yet!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Its a joint mortgage and its on the land registry as a restriction

 

Will they even be aware this is on the house?

 

Its says on the letter from Hoist - that MKDP LLP has assigned all respective rights title

and interest in respect of the referenced account (including the outstanding balance) is that what it means?

 

Thing is - we are wanting to sell the house pretty soon - any suggestions?

 

I will check credit file in the meantime.

 

Thankyou

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Checked credit file - nothing at all about this - no ccj

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so this CCJ/CO was more than 6yrs ago?

if so the CCJ has fallen off.

 

pers i'd keep quiet

and as its a restriction

if your sols is cute [:wink::wink::wink:]

 

it can be ignored


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Yes the ccj has gone - so do i tell the solicitor to ignore it? Thanks

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the restriction


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Hello again.

In a dilemma with reference to the above. Please help.

 

We still have the dreaded restriction on the land registry and we need to borrow some money to enable us to undertake some essential repairs to the house before we can sell it.

 

I have managed to get some good quotes to borrow until

- the loan company checked the land register.

 

They have said we cannot have the cash until the restriction is removed.

We are now in a hole!!!

 

Robinson way are still harassing us with phone calls and letters but at no point has this restriction been mentioned.

 

Do you think we should ring them and come to an agreement to pay?

And then could we send this to the land registry to get them to remove it.

 

I really don't know what to do

but we have no choice but to het hold of the cash as we need a new roof.

 

Help is needed badly - thankyou

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can I just check

this is only a restriction type K?

 

 

if so

AFAIK the loan company should not be refusing

its only a restriction not a full Charging order?

 

 

 

 

dx


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Managed to find a letter from land registry that says restriction in form k?

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then I don't think the loan company should be rejecting you

its not a full blown charge it simple a restriction on 'your part'


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There is no onus on a conveyancing solicitor to discharge a debt from a form k restriction should the property ever be sold. His responsibility is limited to informing the creditor that there is a new owner of the property and that the restriction should therefore be removed.


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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Ok will go back to them tomorrow to see what they say.

Thanks for now

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All the form k does really is grants them notification that a sale has taken place


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I have saved the letters from Robinson Way - do you think if i contacted the court to tell them the debt is now being pursued by another company they will take this off? Either the court or the Land Registry?

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Why do you think they would do that?

Its not their remit

Only the owner of the K can do that

 

But I say again

A lender has no right legally to refuse a secured? Loan because of a K

None of their business!

They are being pedantic IMHO


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But the owner of the k is now gone? And the debt is just being passed along. I feel i am stopped every way i turn.

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is the k still in tradpro name?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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http://landregistry.custhelp.com/app/contactus_general/

 

 

pop up here

go ask the question

 

 

I have a restriction k on my property

the named company that took out the K has gone bust years ago

how do I go about resolving this issue as I need a new roof!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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